SPECIAL MEETING                                                                                                                         AUGUST 31, 2000

Council President Lavonzella Siggers                                                                         Council Vice President Joseph L. Scott
Councilwoman Rachel S. Polk                                                                                   Councilman William Stacey
Councilman C. T. Webster

City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Police Chief Al Webster, Fire Chief William Higgins, Finance Director John Cawley, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, PW Director John Jacobs, Deputy PW Director Chip Messick, and interested Citizens and Members of the Press. ***********************************************************************************************
The Mayor and Council convened in a Special Meeting at 4:55 p.m. in Room 302 of the City/County Government. Council President Siggers called the meeting to order to consider the disputed Change Order to the Waterwell 7B Rehabilitation Contract. The original contract totaled $9,844 for five days of work with a Change Order amounting to $14,533 for fifteen additional days.

Mayor Tilghman believed this issue to be a case about financial control in the City, particularly Council's ability to control expenditures. Council approval is required on a Change Order before the work is done. In regards to the Police Department's involvement, Mayor Tilghman noted that it was a common practice to ask the Police Department to do reviews/investigations (i.e., background investigations on candidates for department directors). Mr. McFarland was told by Lt. Tyler and Carol Turner that this was an administrative review.

Mayor Tilghman felt that American Water Well violated the contract by not going through proper channels for a written Change Order even though they claim verbal approval was given. Since the City received value for the work done and all procedures may not have been followed, a compromise was offered to pay for ten of the additional fifteen days. In her view, it would set a precedent, and one the City would have to live with, if Council approved the full amount of the bill.

Ms. Siggers mentioned that employees were mentioned during Monday night's discussion, but were not in attendance today. Mayor Tilghman acknowledged that the department heads were here to respond to any questions by Council. The individuals were not asked to attend because the Council would act in a quasi-judicial role if any personnel actions were taken. According to Mayor Tilghman, the employees denied giving a verbal commitment for American Water Well to continue working.

Mrs. Polk remarked that since this was not American Water Well's first experience with the City, they should have been aware of the contract provisions. Mr. Stacey felt the company had a reputable working relationship with the City over the past few years and even left their equipment there in good faith.

Mr. Scott was embarrassed that Council was even discussing this issue. He could not accept that it was common practice for the Police Department to conduct an investigation on a vendor who did work that was needed. In addition, someone in Public Works had to know that American Water Well was there for several additional days.

In Mr. Webster's view, it was ludicrous and shameful for the City to pay only part of the bill and did not believe the Police Department's resources should be used to discuss a vendor bill. In his opinion, the City was negligent in following up on the contract.

Ms. Siggers also felt it was inappropriate for the Police Department to play a role in this matter. However, she believed the City and the vendor were both at fault, so she was willing to compromise on the amount.

City Solicitor Paul Wilber opined that this was a good contract and the City was in a very strong legal position since the vendor did not follow the contract provisions. Nevertheless, the City did receive some benefit and the proposed compromise represented that benefit.

After further discussion, Mr. Stacey moved and Mr. Scott seconded to pay American Water Well's claim of $14,533. The motion passed on a 3-2 vote with Messrs. Scott, Stacey and Webster voting aye and Mrs. Polk and Ms. Siggers voting nay.

With no further business, the Special Meeting adjourned at 5:59 p.m.

City Clerk

Council President